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Wednesday, July 10, 2013

BPSC 53-55TH RESULT MODERATION: JUDGMENT RESERVED

LATEST:CASE RELATED TO MODERATION HAS BEEN REFERRED TO LARGER BENCH (CONSTITUTION BENCH), WHICH MIGHT COMPRISE HONORABLE THE CHIEF JUSTICE OF PATNA HIGH COURT AS WELL AS TWO OR MORE OTHER JUDGES.

After a long period of hearing, Honorable Justice Dr. Ravi
Ranjan has reserved the judgment of the case related to 53-55th
combined competitive mains examination moderation. It was a marathon hearing of
almost 15 days. According to the advocate of students Shri Dinu Kumar, who
challenged the moderation, case looks like in a favour of students. However it
is yet uncertain what judgment will be delivered by Honorable Justice. But at the last
day of hearing, BPSC’s advocate and advocate general of Bihar Government Shri
Lalit Kishore failed to present any factual basis and proofs in support of
BPSC’s moderation process. Despite repeatedly asked to present the methodology on which
moderation was done, BPSC counsel didn’t present the methodology applied. It was clear that either BPSC
didn’t follow any method or it didn’t want to disclose publically which is
obviously strange.Finally Honorable Justice asked
Dinu Kumar whether whole mains examination should be cancelled? However before
Dinu Kumar could reply, Justice Dr. Ravi Ranjan said that since process had gone at the
extent of interview level, hence it would not be wise to cancel the whole
examination. He was little in dilemma as well in a tough position, which he
clearly elaborated, but he said that he would do something and find a way which
might be a middle path.

Well, this is the situation at present. It is true that
publishing of final result has not been stayed. But, at the same time Honorable
Judge said that if decision goes against the commission, then whole
result, if published, will be quashed. However BPSC's counsel Lalit Kishore said that result will not be published until case is disposed off.

It is strange that when interview was going on, students
demanded to stay the process until case is disposed off, but Dr. Ravi Ranjan
said that no need to stay since commission would not publish the result before
disposal of case. Even BPSC counsel agreed with the judge. Let us wait whether
oral order is followed or not.

Now going through the whole process and hearing, it is quite
clear that BPSC is in defensive mood. During whole hearing process, either BPSC
counsel took Passover or said that it had followed UPSC, KPSC, MPSC. However
the counsel also said that UPSC process was not followed completely. Honorable
Justice Ravi Ranjan asked BPSC repeatedly that just you were saying that you
had followed a-b-c-d, but didn't elaborate what you had done? Even at one point of
time Honorable Justice commented that BPSC moderation was like “ a farmer is in Punjab and child bore by a letter.” On 6th July,
2013 Honorable Justice passed a written order and asked BPSC that whether that
had followed UPSC moderation or not? But once again BPSC counsel repeated what
he had said in earlier hearings. One of the students group advocate Shri Y.V. Giri said that Honorable Patna High Court Double bench had clearly said that rule regarding scaling should be framed within six months, but BPSC didn't make a rule. It is clearly breach of justice and hence whole moderation should be sidelined. Honorable Justice was agree with Girijee and noted some points on his logic. Honorable Justice Dr. Ravi Ranjan clearly said that BPSC moderation is bogus.So present scenario could be described as
“wait and watch.” According to BPSC fighter group (those fighting against
moderation) they are hoping a positive outcome, however not a complete outcome
according to their wishes. Yet something is better than nothing. But in the
whole proceeding, BPSC moderation’s limitations were exposed. One expects fair
play from a constitutional body like BPSC. But only constitutional tag attached
doesn’t guarantee fair play. We shouldn't forget that currently one former
chairman and two former members of BPSC are in the Jail for malpractices. We
shouldn’t also forget that Karnataka Public Service Commission’s recruitment
process is under scanner and is being investigated by CID. BPSC is saying that
it has followed Karnataka moderation.What conclusion one can draw from this whole process? You can’t follow
quite defined formula of scaling which is followed by all Hindi belt State
Public Service Commissions but you are presenting the example of Karnataka
which process is under scanner. Decision might go one way or other way but
constitutional body like BPSC shouldn’t runway from its responsibilities in the
age of right to information.

Here are the possibilities now:

Whole
result will be quashed: (unlikely scenario since Judge said that pass
students interest should also be minded)

Petitioners
will be allowed: (Unlikely since final result is yet to be published and
overlooking higher marks is not possible)

Result
will be published without moderation and those coming above earlier cut
off will be called for interview: (Most likely scenario)

Petition
will be dismissed: (Unlikely since Honorable Judge has said that bpsc didn’t
followed the procedures, it was on wrong foot, BPSC’s fault has been
exposed and proved)

Scaling
should be followed instead of moderation (Quite unlikely since it will
revamp whole result).

One is free to take position in this scenario. Decision is likely to be delivered next week. Till then wait and guess.

just keeping my finger crossed for the decision...but anyways the whole proceeding seems like a silver lining in the murky sky of bpsc malpractices. Cheers to all those who stood against bpsc anarchy and I just hope justice would be done.

Results shouldn't be cancel(Personal opinion). It would be disastrous for students who have gone through interview and waiting for final result. It would be better if they will stick with previous cutoff and and recall the interview. I have one question for everyone who said like "I didn't apply because of less seat published in recruitment advertisement." Do you think those guys are even eligible for expecting a job who just apply for a job based on number of vacant seats and don't dare to fight for less seat. What will they do after joining the post(hiding behind juniors or shouting on juniors to get better result). These guys are going to be arrogant BOSS in their departments instead of good employee(minimum expectation).

my unknown friend has made a very humane appeal for not cancelling the result but how is it possible? BPSC HAS ALREADY CHOSEN MORE THAN 2600 STUDENTS FOR NEARLY 1000 SEATS. So if the new list comes without moderation obviously majority will be out (except some who might have have scored very good marks). If this is not done and the result remains the same then that would be a grave injustice.

This news is not at all correct. As my brother(Lee) said, judgement has gone in favor of BPSC is 100% right. I know many of you are disappointed. I really don't understand why you are angry!! Is it because due to implementation of Moderation in recruitment which increased number of seats(compare to declared seats in recruitment advertisement)? Or you are jealous to your neighbors/knowing person whom you think are not eligible and got chance? This recruitment board doesn't have personal problem with those guys who didn't get chance. And I have a question for those guys who think like Papers has been checked by Primary teacher, Do you have any proof or just spreading rumors against the recruitment board. If number of seats has increased because of Moderation, isn't it good? This decreased the cutoff and few more guys got chance to work for their state & Country. Everyone should accept this verdict and look forward for their own betterment. It might be possible that few guys(can't say all, because there are many genuine studs) who got selected are not good enough but got only those questions what they know well and other guys who are above average (but not in list) had got those question what they don't know.Make yourself strong, study and prepare yourself in such a way that your Internal soul can shout in advance(Go for BPSC, it is made for you). Apologies to everyone who got hurt by my blog. Sorry friends!!!!At the end, one thing want to say. Don't do hard work, do work smartly.[I am from IT and learnt this thing very well]

BANGALORE: "What would be the appropriate age for a woman to go on a date?" This beamer of a question stumped an aspiring tahsildar, who was attending the last leg of the interview conducted by the Karnataka Public Service Commission (KPSC). The panel rained the most inane questions on her, and the interviewers' body language â€” smirks and dismissive laughter at the candidates â€” suggested that the interaction was a mockery of the exercise and it was all fixed.

No surprises, then, that the woman didn't land the post. She was second time unlucky; in the first go, the aspirant had brushed aside a middleman's suggestion that the coveted job was hers if shelled out Rs 20 lakh in bribe.The disappointed candidate is among the hundreds who have approached the Criminal Investigation Department (CID), accusing the KPSC of fixing the interview and selection processes.

The government recently asked the CID to probe the alleged irregularities in the selection of gazetted officers by the KPSC.

The agency is flooded with complaints from job aspirants. The complaints pertain to fixing of posts like those of KAS officers, panchayat development officers, first- and second-division clerks and tahsildars.

The aspiring tahsildar said in her complaint to the CID: "Five persons, one of them a woman, interviewed me. They asked me silly questions like, 'Who is the prime minister?' One of them asked me, 'Who was the prime minister of pre-Independence India?' While one of them shot these questions at me, the others looked at each other with an all-knowing smile. It was clear they were going through the motions of an interview and it was all fixed."

Most of the complainants alleged that the deals are clinched before interviews. Soon after the KPSC exam results are declared, middlemen tell them about how the system works at the interview stage and a certain amount would help them bag their dream jobs. "You have to buy the posts," one of the complainants quoted a middleman as saying.

'Not all is well with KPSC'

"Something is wrong somewhere. Not everything is all right with the KPSC. We get a feeling of suspicion and malpractice," the Karnataka high court said, partly allowing a batch of petitions filed by unsuccessful candidates. The court said the KPSC had erred in awarding weightage marks to those candidates having work experience as guest lecturers though the rules did not provide for the same.

Respected sir neeraj ee sir I would like to know when dicision comesout dispute on je and auditor exam by high court any regarding information or case no share pls help us some comments on bssc dispute exam pending issue final result

A casevfile against rdo post 534 as bdo post it is not mention inn first addvertisment 2011 same as accoun officer post 100 seats a another huge disputes in bpsc demand to another56 57 bpsc pt included this seat

Mr. Anand Kumar I suspect you have appeared in BPSC interview. If you have appeared (unfortunately) then one can imagine about the talent pool BPSC has called for interview. How can u use such a condemnable languges? That is why we are suspect about bpsc motives behind so called moderation. Now it is crystal clear that on the name of moderation BPSC have called few such students who don't even deserve for lower grade jobs. A few are genuine talen there, but rest certainly reached at bpsc through moderation ladder. As far as judgement is concerned, let me put honorable judge comments (as I was in the court) here:1. HE said that BPSC moderation is bogus2. He said that if bpsc puts waste in computer then product will be certainly waste.3. HE said that since mains examination cancellation at this stage is not wise hence he will make a way.4. He said that bpsc hasn't followed upsc.5. He agreed with senior advocate Y. V. Giri (as blog admin has written above) that bpsc hasn't framed law regarding moderation in six months hence malfunctioned moderation of bpsc should set aside. Honorable justice was agree with Giri jee.Now as far as result is concerned, you people were sayihg that even on the eve of 5th JULy result will be declared. 10 days have passed no result came. BPSC is not going to publish the result before court judgement it is sure. I can not use abusive languages like you. Because my culture doesn't allow that. Thanks

Mr. Sagar I have told you that don't make personel comment. If you have your view, express indipendtly. Your laungage shows your mentality. Hence I am not going to comment on your irrational thinkings. You r free to comments, but don't name anybody.

Honorable judge reffred the case to larger bench. Until then result will not be published. Justice Ravi Ranjan said that he is unable to give verdict in this case, only larger bench will decide the course of action. So waiting will continue----

As I came to know:Double bench had ordered bpsc to make a rule for scaling in the said examination. But bpsc failed to make rule regarding this and due its faulty moderation case was going against the BPSC. But since double bench had ordered to follow moderation, that is why Honorable Dr. Ravi Ranjan (Which is single bench) declined to pronounce the judgement (against BPSC) and he refrred it to larger bench (which will constitue more than 2 judges). So larger bench will decide decide now. But it is sure that decision was against bpsc that is why he sent it to larger bench otherwise he might have rejected the petition.

IS SCALLING NEEDED TO SECURE LEVEL PLAYING FIELD?In a recent Judgment Patna High court criticized BPSC that its selection process is not up to mark. Actually some students had moved court against 48th to 52nd civil services final result. In that examination a huge disparities were found in marking pattern in optional subjects. For example, students who opted philosophy, anthropology, Sanskrit literature, Persian were awarded an average 140 to 150 marks in each paper, and rest optional subjects were awarded average marks. Consequently, maximum final selected students were from those mentioned subjects. Going through all these process, high court directed BPSC to follow moderation in forthcoming examinations. Court also directed that if possible; follow it in 53rd to 55th combined examination. However, so far BPSC has not cleared whether it is going to follow moderation or not. So everybody is in dilemma. Almost every public service commission, which includes union public service commission, follow moderation in mains examination. So logically BPSC should also follow moderation process. But it seems BPSC doesn’t want to get trapped in court cases. So keep finger crossed.

Lee, as I have already said that I am not going to response personel questions or aubses which have been repeteadly posted on this blog. But since you have requested, I am responding. Right now I am in Delhi hence I was not in court. In my yesterday's comment I had said that I came to know, which means I was not in court. But I am telling u what happened. Yesterday was a judgement day hence no hearing took place. Honorable Justice Ravi Ranjan only said that seeing the seriousness of matter he was unable to pronounce judgement, hence he is transfering the case to larger bench. As I have already said that Double bench had ordered bpsc to follow sanjay singh case decision, until any rule was framed. So far BPSC hasn't framed any rule. It means bpsc moderated answersheet without any rule. 2. Its moderation has no method which was proved in court. Since double bench has ordered to follow scaling, then single bench can not surpass that. Only larger bench will decide. It is quite clear that decision was against bpsc legal compulsion made him to pass it to larger bench. If case would have no merit, then he should have rejected it.No you say new vacany is delayed because final result is not out. Come on yaar, UPSC advertises its civil services vacany in January and final result comes in the month of May. UPPCS 2011 mains result came 10 days back, but UPPSC has already completed the procedures of 2013 preliminary examination. So it is all BPSC drama.

Thank you Nirajji I am personnaly targeting anyone, we cannot compare BPSC with other commission so we should not use situation according to our convenience. I came to know there is no stay, but BPSC is not daring to publish the result. Nirajji again thank you very much.